IN THE CASE OF:
BOARD DATE: 23 December 2008
DOCKET NUMBER: AR20080016313
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant, through his congressional representative, requests reconsideration of his earlier request for payment of the $240.00 remainder of the enlistment bonus due to his great-grandfather, a deceased former service member (FSM) in the Civil War.
2. The applicant states that the widow's pension referred to in the previous case has no bearing on his current issue. He states that his great-grandmother did not have any knowledge relating to the money that was due to her as a result of the FSM's death. The applicant states it was the legal and moral duty of the United States Government to honor the contract after the FSM was killed. He reiterates that his great-grandmother should have received a payment of $240.00. The applicant states that item number 5, item number 6, and item number 7 under the "Consideration of Evidence" of the previous case are erroneous statements. He also states that item number 1 under the "Discussions and Conclusions" is untrue. He alleges that his great-grandmother suffered a grave injustice and was unable to pay the accumulation of bills. As a result, she was forced to sell her home and farm.
3. The applicant provides a copy of the FSM's inventory record; the FSM's Final Settlement Record; his great-grandmother's Application for a Transfer; a personal letter; and a copy of an Order of Publication.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080006816 on 13 August 2008.
2. The applicant has provided new evidence and statements that will be considered by the Board.
3. All documents considered were submitted by the applicant. The FSM's service records are copies obtained from the National Archives, Washington, DC.
4. The FSM enlisted in I Company, 21st Missouri Infantry on 21 December 1863. A "Muster and Descriptive Roll," dated 29 December 1863, states that he was paid a $62.00 bounty and that $240.00 was due. Other entries show that, on
30 January 1864, he died of wounds received on 24 January 1864 onboard a boat.
5. A 23 February 1999 letter from the National Archives, Washington, DC to the applicant informed him that there was no "final payment voucher" for the FSM.
6. Title 31, U.S. Code, section 3702, also known as the barring statute, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations,
including the 6-year limitation for filing claims contained in this section of Title 31, U.S. Code, is relieving the Government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove.
7. The doctrine of laches is defined by Blacks Law Dictionary, sixth edition, as the neglect to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to the adverse party, operates as a bar in a court of equity.
DISCUSSION AND CONCLUSIONS:
1. The applicant contended that his great-grandmother should have received a payment of the $240.00 remainder of the FSM's enlistment bounty.
2. It is acknowledged that the FSM's Muster and Descriptive Roll, dated 29 December 1863, does indeed indicate he received a $62.00 bounty and that he was due $240.00. Unfortunately, the FSM died of wounds received on 24 January 1864.
3. An arbitrary ruling in his favor, without knowing what the FSM's finance records would have shown, would cause prejudice to the Government. Regrettably, since it is now more than 100 years after the alleged error, the doctrine of laches is invoked in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case
are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080006816, dated 13 August 2008.
__________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080016313
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ABCMR Record of Proceedings (cont) AR20080016313
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